American Expatriate Costa Rica

Constitutional Chamber notified ruling on gay marriage

Lawyer and activist Marco Castillo, from Movimiento Diversidad, confirmed that on November 14th he received the complete sentence of the Constitutional Chamber on same-sex marriage.

The notification had to be done through a disk because it was very large,”

Castillo told CRHoy.com.

Now the National Printing Office must publish the document in the Judicial Bulletin so that it enters into force, as established in the regulations.

On August 8th, the Constitutional Court gave a period of 18 months for the articles of Costa Rican legislation that prevent marriage between two people of the same sex to expire. However, this term will not begin to run until the sentence released on Wednesday is published in the Judicial Bulletin.

We are going to ask the National Press to give this publication absolute priority,”

added Castillo.

The ruling of the Constitutional Chamber invited legislators to create laws to regulate the union of same sex couples within a maximum period of 18 months. If there is no agreement and the time is over, these unions will automatically become legal.

Before this, three generations of legislators ignored the recommendation of the Constitutional Chamber to regulate these unions. In 2006 lawyer Yashín Castrillo filed an action of unconstitutionality against the Family Code and the Penal Code, so that two people of the same sex could get married without legal sanctions. The action was overruled, but the magistrates recognized it was necessary to create laws that regulated these unions.

crhoy.com